Observing that the woman’s claim, that she was forced to marry the man and that she was physically assaulted since she was 14 years old, was “improbable, unbelievable and unacceptable”, the Bombay High Court has refused the annul her marriage.
A bench of Justices KR Shriram and PK Chavan while disposing of the woman’s appeal observed: “No sane man would believe and accept her (appellant woman) testimony, as it is nothing but ipsedixitism (assertion without proof or dogmatic expression of opinion). It is quite apparent from the evidence that this is a case of inflicted insight.”
The judges further noted that it was “incredible” that the woman, now 33-year-old, did not lodge any complaint against the man or inform her parents about the same till 2013. It said: “Strangely, the appellant (woman) remained silent and passive despite undergoing such a trauma.” The court further observed that the woman's behaviour was “quite strange” and “cannot be said as a natural conduct of an educated woman living independently in a city like Mumbai”.
The HC was hearing an appeal filed by the woman against the order of the family court of 2017. She had sought annulment of the marriage and a declaration that the marriage certificate issued to the man in December 2011 was false and forged.
The woman, who is working with a bank, claimed that the man has been taking advantage of her shy, timid and introverted nature and has been terrorising her since she was 14 years old. Originally hailing from Haryana, the woman said that in her native place “womenfolk and their voices are stifled from birth” and that “honour killings, rape and all kinds of crimes against women are a daily feature”.
Seeking annulment, she has said that she never married the man and the documents and alleged marriage certificate submitted by him are fabricated. She claimed that in December 2011 she was offered sweets laced with drugs and forcibly taken to a temple by the man and was forced to sign documents related to marriage certificate.
According to her plea, the man had forcibly established physical contact with her and took obscene photographs in 2003 when she was 14 years old. Ever since, he has been torturing and physically assaulting her.
However, she lodged a complaint only in 2013 with the Goregaon police alleging rape and criminal intimidation. But she did not pursue the complaint.
She then approached the family court seeking annulment of marriage which was rejected.